Committee of the whole House: 20th May 2008

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Human Fertilisation and Embryology Bill-[ [], continued

“2A	Informed Consent

(1)	Subsections (2), (3) and (4) of this section shall not apply in the case of a

medical emergency under section 1(4) of this Act.

(2)	At an appointment with a registered medical practitioner, on receipt of an

initial request for a termination of pregnancy from a pregnant woman, or

for initial advice regarding the potential termination of a pregnancy, a

registered medical practitioner shall, as soon as reasonably practical, and

in any event at least five calendar days prior to a termination of

pregnancy taking place (where such a terminatation of pregnancy is

applicable), fulfil the following informed consent requirements—

(a)	offer the pregnant woman counselling from a suitably qualified

health professional; and

(b)	provide the pregnant woman with the following information:—

(i)	the embryonic and foetal development at two weekly

intervals;

(ii)	the physical, psychological and psychiatric risks

associated with the termination of pregnancy, including

a description of the methods of termination at different

stages of pregnancy and any risks associated with such

methods; and

(iii)

the contact details of adoption services and other sources

of help and advice, (including information on any

disability or abnormality that the pregnant woman’s

embryo or foetus is at risk of suffering from if born).

(3)	A registered medical practitioner must provide the pregnant woman with

a written form, of which he must retain a copy, as soon as is reasonably

practicable, certifying the date upon which paragraphs (2)(a) and (2)(b)

of this section were complied with, and in the case of a termination of the

pregnancy, the form must be completed prior to any such termination.

(4)	Any persons who wilfully contravenes or fails to comply with the

requirements of informed consent under subsections (2) or (3) of this

section shall be liable on summary conviction to a fine not exceeding

level 5 on the standard scale.

(5)	The Secretary of State shall by statutory instrument make regulations to

provide for informed consent as specified in subsections (1) to (4) of this

section and shall make provisions concerning the procedure, the

requirement for date certification by a practitioner or practitioners, the

information requirements and any other ancillary matters as are

necessary to ensure the fulfilment of the informed consent requirements.

(6)	Any statutory instrument made by virtue of this seciton shall be subject

to annulment in pursuance of a resolution by either House of

Parliament.”’.

Committee of the whole House: 20th May 2008

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Human Fertilisation and Embryology Bill-[ [], continued

Foetal physical or mental abnormalities: Information and counselling

Dr Nick Palmer

Mr Tom Clarke

Mr Richard Benyon

Miss Ann Widdecombe

Mr David Amess

Mr David Drew

NC8

To move the following Clause:—

‘After section 1 of the Abortion Act 1967 (c. 87) (Medical termination of

pregnancy) insert—

“1A(1)

If tests of a foetus reveal that there is a substantial risk that if the child

were born it would suffer from such physical or mental abnormalities

as to be seriously handicapped, a registered medical practitioner or a

suitably qualified health professional expeditiously shall provide the

pregnant woman with—

(a)	current, scientific information in a written form concerning:

(i)	the life expectancy of;

(ii)	the expected intellectual and functional development

of; and

(iii)

the treatment options for;

a foetus diagnosed with, or a child born with, the physical or

mental abnormalities identified as a risk by those tests,

(b)	contact details for, where available, supportive service

providers, including telephone help lines specific to the

physical or mental abnormalities identified as a risk by those

tests, and

(c)	the offer of a suitable opportunity to receive relevant

counselling and such other information as they deem proper.

(2)	If, subsequent to the receipt of test results referred to under subsection

(1), the pregnant woman notifies a registered medical practitioner that

she is considering teminating the pregnancy, either wholly or partly as

a result of those test results, then the termination must not take place

until the information and offer set out in subsections (1)(a) to (c) have

been provided.’.

Amendment of the law relating to abortion (No. 7)

Richard Ottaway

NC9

To move the following Clause:—

‘In section 1(1)(a) of the Abortion Act 1967 (c. 87) (medical termination of

pregnancy), for “twenty-fourth week” substitute “twenty-second week”.’.

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Human Fertilisation and Embryology Bill-[ [], continued

Amendment of the law relating to abortion (No. 9)

Chris McCafferty

John Bercow

Dr Evan Harris

NC11

To move the following Clause:—

‘In section 1(1)(a) of the Abortion Act 1967 Abortion Act for “its twenty-fourth”

week”, substitute “23 weeks and 6 days”.’.

Order of the House [12th MAY 2008]

That the following provisions apply to the Human Fertilisation and Embryology Bill

[Lords]:

Commital

1.	The following shall be committed to a Committee of the whole House—

(a)	Clauses 4, 11, 14, and 23 and Schedule 2;

(b)	any new Clauses or new Schedules relating to the termination of

pregnancy by registered medical practitioners.

2.	The remainder of the Bill shall be committed to a Public Bill Committee.

Proceedings in Committee

3.	Proceedings in Committee of the whole House shall be completed in two

days.

4.	Those proceedings shall be taken on each of those days as shown in the first

column of the following Table and in the order so shown.

5.	The proceedings on each of those days shall (so far as not previously

concluded) be brought to a conclusion at the times specified in the second

column of the Table.

TABLE

	Proceedings	Time for conclusion of proceedings
	First day
	Clause 4	Three hours after the commencement
		of proceedings on the Bill
	Clause 11 and Schedule 2	Three hours after the commencement
		of proceedings on Clause 11

	Second day
	Clause 14 and 23	Three hours after the commencement
		of proceedings on the Bill
	Any new Clauses or new Schedules	Three hours after the commencement
	relating to the termination of	of proceedings on any such new
	pregnancy by registered medical	Clauses or new Schedules
	practioners

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Human Fertilisation and Embryology Bill-[ [], continued

6.	Standing Order No. 83B (Programming committees) shall not apply to the

proceedings in Committee of the whole House.

7.	Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Tuesday 17th June 2008.

8.	The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

9.	When the provisions of the Bill considered, respectively, by the Committee

of the whole House and by the Public Bill Committee have been reported to

the House, the Bill shall be proceeded with as if it had been reported as a

whole to the House from the Public Bill Committee.

Consideration and Third Reading

10.	Proceedings on consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

day on which those proceedings are commenced.

11.	Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

12.	Standing Order No. 83B (Programming committees) shall not apply to

proceedings on consideration and Third Reading.

Other proceedings

13.	Any other proceedings on the Bill (inlcuding any proceedings on

consideration of any message from the Lords) may be programmed.

NOTICES WITHDRAWN

The following Notices have been withdrawn:

Amendment of the law relating to abortion (No. 8)

Chris McCafferty

John Bercow

Dr Evan Harris

Ms Katy Clark

NC10

To move the following Clause:—

‘(1)	Section 1 of the Abortion Act 1967 (c. 87) (Medical termination of pregnancy) is

amended as follows.

(2)	For subsection (1) substitute—

“(1)	A person shall not be guilty of an offence under the law relating to

abortion when—

Committee of the whole House: 20th May 2008

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Human Fertilisation and Embryology Bill-[ [], continued

(a)	a pregnancy is terminated by a registered medical practitioner;

and

(b)	the termination is performed in a place approved for the purpose

under subsection (4) of this section; and

(c)	one of the following three conditions is met—

(i)	the pregnancy has not exceeded its twenty-fourth week

and two doctors agree that continuing the pregnancy

poses a greater risk to the pregnant woman’s mental or

physical health or that of any existing children than

termination of the pregnancy; or

(ii)	the pregnant woman is at risk of death or at risk of grave

permanent injury to her physical or mental health unless

the pregnancy is terminated; or

(iii)

there is a substantial risk that, if born, the child would

suffer from such physical or mental abnormalities as to

be seriously handicapped.”.

(3)	In subsection (2) for “(a) or (b)”, substitute “(c)”.

(4)	In subsection (4) omit the words “and so much of subsection (1) as relates to the

opinion of two registered medical practitioners”.’.

Amendment of the law relating to abortion (No. 10)

Chris McCafferty

John Bercow

Dr Evan Harris

Ms Katy Clark

NC12

To move the following Clause:—

‘(1)	Section 1 of the Abortion Act 1967 is amended as follows.

(2)	In subsection (1)(a) after “twenty-fourth”, insert “completed”.

(3)	After subsection (1) insert—

“(1A)

For the purposes of subsection (1) a pregnancy which has not exceeded

its twenty-fourth completed week means one which has not exceeded

twenty four weeks and zero days since the first day of the pregnant

women’s last menstrual period.”.’.

Amendment of the law relating to abortion (No. 11)

Chris McCafferty

John Bercow

Dr Evan Harris

Ms Katy Clark

NC13

To move the following Clause:—

‘(1)	Section 1 of the Abortion Act 1967 is amended as follows.

(2)	After subsection (1) insert—

“(1A)

For the purposes of subsection (1) a pregnancy which has not exceeded

its twenty-fourth week means one which has not exceeded twenty-four

Committee of the whole House: 20th May 2008

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Human Fertilisation and Embryology Bill-[ [], continued

weeks and zero days since the first day of the pregnant woman’s last

menstrual period.”.’.

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Revised 20 May 2008